Q&A: Notices of Construction

Notices of Construction

My neighbors are currently undergoing extensive renovations in their unit during the day. However, we have not received any notice of what days it's supposed to take place, and for how long. Are we entitled to know? If so, whose responsibility is it to notify us? The managing agent, the construction company or our neighbors? What are the laws that govern individual owners' rehab/construction work schedules and length of time and notification requirements to adjoining unit owners? What's the managing agent's role in such scheduling/notification and oversight? Also, what is the managing agent's liability and association's liability when it comes to extensive work?

—Sanded in Fort Lauderdale

“Neither Florida Law, or any Broward County ordinance, requires an owner to give his/her neighbor notice of any planned renovations,” says Leonard Wilder, an attorney at the law firm of Bakalar & Associates, P.A. in Plantation. “Any such notice requirement, if one exists, could be found either in the municipality where the work is being performed and/or the Declaration of Condominium and the Conditions, Covenants & Restrictions for the community in question.

In our practice, any existing pre-notification requirements are typically for the benefit of the association so that the association can obtain proof of insurance and licensure or approve the work if such requirement exists in the governing documents. We have not encountered, in recent memory any associations, be it HOA or condo that requires owners to provide notice to other owners of work scheduled to be performed.”   

 

Comments

  • Our condo neighbor had a Pressure Test done, which blew our kitchen faucet and caused $20K in water and mold damage. (Our 30 year old building does not have isolation valves installed between the units.) If our neighbor had provided Notice to the HOA, neighbors would've shut off their main water valves, and we would've suffered no damage. Our Property Manager says our Governing Docs provide no obligation for our neighbor to notify the Association or their neighbors. This was news to us! We've lived here over 16 years, and it was always the rule to notify the Association ahead of time. Perhaps Notification is based in Common Law? That we're obligated to take care not to damage others' property? The Property Manager has been no help at all. They won't even notify our neighbor of the incident. What is our recourse? Thank you.